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MATTER OF O'NEIL v. KASLER

53 A.D.2d 310 (1976)

In the Matter of James J. O'Neil, Petitioner, v. Theodore Kasler, as Justice of the Supreme Court, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1976

Attorney(s) appearing for the Case

Philip B. Abramowitz for petitioner.

Edward C. Cosgrove, District Attorney (Judith Manzella of counsel), for respondent.

CARDAMONE, J.P., MAHONEY, DILLON and WITMER, JJ., concur.

GOLDMAN, J.

Petitioner, James Jack O'Neil, brings this article 78 proceeding, under authority of section 752 of the Judiciary Law to review a mandate of Supreme Court, Erie County, which summarily punished him for criminal contempt. The mandate recites that petitioner, having been sworn as a witness at a criminal trial, refused to answer questions put to him by the prosecutor even though the court had advised...

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